Key Takeaways -
Non-human machines cannot be authors under the Copyright Act of 1976....more
As of the end of last week, the Republican party had secured control of the White House and both Chambers of Congress, paving the way for significant government change. As the Trump administration sets out its priorities,...more
By removing any limitation on the temporal scope of damages recovery, the U.S. Supreme Court’s decision last week in Warner Chappell Music Inc. v. Nealy opened the door to copyright infringement claims dating further back in...more
5/13/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music Industry ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”), issued on October 30, 2023, includes many initiatives relating to the development and use of artificial...more
In the first U.S. Supreme Court decision to consider the copyright fair use doctrine in the context of artistic works in almost three decades, the Court ruled that Andy Warhol Foundation’s licensing to Condé Nast of Warhol’s...more
For years, the federal courts of appeals have been split on an issue of critical importance to litigants under the Lanham Act, namely, whether a prevailing plaintiff seeking an accounting of the defendant’s profits under...more
4/24/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
On March 4, 2019, the United States Supreme Court held that the Copyright Office must grant registration of a copyright before a plaintiff can bring an infringement lawsuit, rejecting the view that an application alone is a...more
On March 27, 2018, the Federal Circuit handed down its long awaited decision on whether Google’s use of 37 Java application programming interface packages (“APIs”) in Google’s Android mobile operating system was protected...more
For the past ten years, the copyright law addressing the legalities of a website’s provision of “inline” links to photos that reside on another website’s server seemed to be relatively well-settled and straightforward. Courts...more
In a recent disappointment to those advocating clarity for the muddy waters of determining permissible use of third-party trademarks under the nominative fair use doctrine, the Justices of the United States Supreme Court...more